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Judiciary

Shared received post amalgamation taxable as per substance of transaction to be Valued Entirely on Different Fundamentals

August 28, 2020 7725 Views 0 comment Print

The issue under consideration is whether proceeds release from shares exchange with new shares because of amalgamation process will be taxable under income tax?

No lack of Jurisdiction if AO of searched person recorded his satisfaction & provided seized material to AO of assessee

August 28, 2020 855 Views 0 comment Print

Akarsh Residence Pvt. Ltd. Vs DCIT (ITAT Bangalore) As per the facts noted by learned CIT(A) in the relevant paras of his order as reproduced above, it comes out that search was carried out in the case of M/s. Adarsh Developers and incriminating documents were found and seized in the course of search and those […]

ITAT deletes addition for share premium as Assessee establishes identity, genuineness & creditworthiness of investor

August 28, 2020 1062 Views 0 comment Print

ITO Vs M/s Heckyl Technologies Pvt.Ltd. (ITAT Mumbai) Firstly, the AO has clearly mentioned at paragraph no. 5 on page no’s, 6 and 7 of his order that he had made two references to the tax authorities in Mauritius and the UK. These references had been made under section 90 of the Act and had […]

LIBOR based interest rate cannot be applied to benchmark a financial transaction which is not denominated in foreign currency

August 28, 2020 3312 Views 0 comment Print

Ld. AO/ Ld. TPO/ Ld. DRP erred in using a LIBOR based interest rate to benchmark the international transaction of payment of interest on FCCDs denominated in Indian Rupees

Advance ruling on admissibility of ITC cannot be given when no Tax been paid

August 28, 2020 3774 Views 1 comment Print

In re Aditya Industries (GST AAR Himachal Pradesh) From the reading of section 97(2)(d) of CGST Act, 2017, it is very much clear that the advance rulings can be sought regarding admissibility of input tax credit in cases where tax has been paid or deemed to have been paid which clearly implies that in cases […]

GST on supply of Solar Power Generating System

August 28, 2020 37023 Views 0 comment Print

In re Hero Solar Energy Pvt. Ltd. (GST AAR Haryana) (i) The supply of Solar Power Generating System along with other goods and service of designing, erection, commissioning & installation of the same is classified under SI no. 234 of Notification No. 1/2017-Central Tax (Rate) dated 28.6.2017 as amended vide Notification no. 24/2018-Central Tax (Rate) […]

Composite work contract pre-dominantly of earth work to Government Entity attracts 5% GST

August 28, 2020 1818 Views 0 comment Print

The work carried by the applicant is a Composite supply of work contract involving pre dominantly earth work provided to a Government Entity and thus attract 5% GST

No Tax deduction under GST on Exempt Services

August 28, 2020 1320 Views 0 comment Print

As per the Standard Operating Procedure issued by Law Committee of GST Council on 28.09.2018, if the services received by deductor from deductee are exempt, then there is no requirement for tax deduction under GST.

No GST on reimbursements received from HO by LO

August 28, 2020 2352 Views 0 comment Print

In re Wihelm Fricke Se (GST AAR Haryana) Q1. Whether the reimbursement of expenses and salary paid by Wilhelm Fricke SE, Germany to the liaison office established in India is considered as supply of services as per Section (7) of the CGST Act, 2017 or under Schedule I of CGST Act, 2017, especially when no […]

GST on catering, banquet facilities & combination by hotel having all rooms below Rs. 7500

August 28, 2020 52485 Views 1 comment Print

In re Jewel Classic Hotels Pvt. Ltd. (GST AAR Haryana) 1. Whether catering of food, banquet facilities and combination of both (as per requirement of the customer) in self-owned marriage and party halls by Hotel Jewels (having all rooms below Rs. 7,500/-), Kunjpura Road, Karnal (A unit of Jewel Classic Hotels Pvt Ltd) is covered […]

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